November 18, 2003
NOTE: Superceded by Interim Nondiscrimination and Anti-harassment Policy (effective 05/05/05)
The University of Arizona (University) is committed to creating and maintaining an environment free of unlawful discrimination and harassment. Every member of the University community should be aware that the University does not tolerate unlawful discrimination and that both law and University policy prohibit such behavior. This policy prohibits unlawful discrimination, including harassment, by University employees, students, contractors, or agents of the University, and by anyone participating in a University sponsored activity. The University will take prompt and appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy. All members of the University community are responsible for participating in the creation of a campus environment free from all forms of unlawful discrimination.
The University prohibits unlawful discrimination, including harassment, on the basis of race, color, religion, sex, national origin, age, disability, veteran status, or sexual orientation.2 The University also prohibits retaliation because an individual has engaged in a protected activity. Protected activity consists of (1) opposing a practice made unlawful by one of the employment discrimination statutes or University policy; or (2) filing a complaint about such practice, or testifying, assisting, or participating in any manner in an investigation or other proceeding related to such a complaint.
COVERED ACTIVITIES
This policy covers:
UNLAWFUL DISCRIMINATION AND HARASSMENT
Unlawful discrimination occurs when a person is treated less favorably than a similarly situated person because of his/her race, color, religion, sex, national origin, age, disability, veteran status, or sexual orientation.
Unlawful harassment, a specific form of unlawful discrimination, occurs when a person is harassed because of his/her race, color, religion, sex, national origin, age, disability, veteran status, or sexual orientation.
A hostile environment exists when unlawful harassment unreasonably interferes with an individual's job performance, or materially changes the individual's conditions of education or employment so as to create an intimidating, hostile, or offensive educational or working environment.
GENERAL GUIDELINES
Confidentiality
Employees of the Equal Opportunity and Affirmative Action Office, the Dean of Students Office, and responsible administrators receiving reports of discrimination, including harassment, will respect the confidentiality of the information they receive, except where disclosure is required by law or is necessary to facilitate legitimate University processes.
Policy Violations
Except for incidents where both parties to a claim of alleged discrimination or harassment are students, the Equal Opportunity and Affirmative Action Office will investigate allegations of violations of this policy and make appropriate recommendations in accordance with its established procedures. If both the accused and the victim are students, this policy is enforced by the Dean of Students Office.
SOURCE REFERENCES
The University's Nondiscrimination and Anti-harassment Policy is based on the amended provisions of Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1975, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, and other applicable federal and state laws, and Arizona Board of Regents and University policy.
1 The University's Interim Policy and Procedures for
Nondiscrimination
on
the Basis of Disability is superseded by this policy.
2 For the purposes of this policy, "sexual orientation" means an
individual's heterosexuality, homosexuality, or bisexuality, whether the
orientation is real or perceived.
(11/03)
All contents copyright © 2006. Arizona Board of Regents.